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Section 162 - Insolvency and Bankruptcy Code Act, 2016
162. Disclaimer of leaseholds.-
(1) The bankruptcy trustee shall not be entitled to disclaim any leasehold interest, unless a notice of disclaimer has been served on every interested person and-
(a) no application objecting to the disclaimer by the interested person, has been filed with respect to the leasehold interest, within fourteen days of the date on which notice was served; and
(b) where the application objecting to the disclaimer has been filed by the interested person, the Adjudicating Authority has directed under section 163 that the disclaimer shall take effect.
(2) Where the Adjudicating Authority gives a direction under clause (b) of sub-section (1), it may also make order with respect to fixtures, improvements by tenant and other matters arising out of the lease as it may think fit.
Related Sections
- Section 23: Resolution professional to conduct corporate insolvency resolution process
- Section 82: Appointment of resolution professional
- Section 168: Obligations under contracts
- Section 7: Initiation of corporate insolvency resolution process by financial creditor
- Section 199: No person to function as insolvency professional agency without valid certificate of registration